Company fined after disabled worker's staircase death

Ability Works Australia Pty Ltd was sentenced without conviction in Melbourne County Court today after earlier pleading guilty to a single charge of failing to provide and maintain a working environment that was safe and without risks to health.

In addition to the fine, the court issued an adverse publicity order requiring the company to publicise the offence, its consequences and the penalty in an industry publication.

The court heard the not-for-profit's Kew workplace featured an upstairs meals room where supported employees ate together, which was accessed from the lower floor via two flights of stairs connected by a mid-landing or a wheelchair accessible passenger lift.

In December 2022, the legally blind 66-year-old worker, who used a walker for mobility, was found by a colleague lying upside down on the stairs with her head on the mid-landing. Her walker was still upright at the top of the stairs.

The worker was taken to hospital and later died from her injuries.

WorkSafe's investigation revealed a 'near miss' incident in August 2022, when the same worker was observed at the top of the stairs with her walker hanging off the edge of the first step.

Ability Works accepted it was reasonably practicable to reduce the risk of serious injury or death from a fall by ensuring workers identified with specific impairments did not access or go near the staircase from the upper level without adequate supervision during meal breaks.

WorkSafe Chief Health and Safety Officer Sam Jenkin said the incident and tragic outcome could have been prevented.

"It's disappointing to know there was a close call just months before this tragedy occurred and the appropriate safety improvements, such as providing supervision around the meal break room, weren't put in place and adhered to," Mr Jenkin said.  

"All workers, including those with vision and mobility impairments and other vulnerabilities, deserve to work in a place where their health and safety is and always will be a priority."